Back
SURESH KUMAR KAIT, SAURABH BANERJEE
Ravi Kumar Singh – Appellant
Versus
Union Of India – Respondent
JUDGMENT
1. Pertinently, this is second round of litigation by the petitioner before this Court. The petitioner in the first round of litigation being W.P.(C) No. 14736/22 had sought quashing of the signals dated 15.09.2022 and 21.09.2022 and movement order dated 06.10.2022 passed by the respondents. In the first round of litigation and this Court vide decision dated 18.10.2022 had directed the competent authority of respondents to decide petitioner's representation dated 21.09.2022 within two weeks.
2. Aggrieved against the decision dated 25.10.2022 passed by the respondents apropos thereto, the present petition has been preferred by the petitioner seeking quashing of the said order dated 25.10.2022; signals dated 15.09.2022 and 21.09.2022 and movement order dated 06.10.2022 passed by the respondents. In addition, direction is also sought to respondents to either permit petitioner to complete his four years tenure at OPS Directorate, FHQ, New Delhi or to post him to any other Directorate/Establishment in Delhi to enable him to complete remainder of his three years' tenure.
3. Learned counsel appearing on behalf of petitioner has submitted that Rule 5 of Border Security Force (Tenure
The main legal point established in the judgment is that unless arbitrariness is shown, the court should refrain from interfering in transfer and posting orders, especially in the case of armed force....
The vacancy position as the primary criteria for issuing posting/transfer/attachment orders and the plenary power of the Director General BSF in this regard.
Transfer of the petitioner - Judicial interference in an incidence of service i.e., transfer can be only on malafides, incompetence or violation of any Rule/policy/operative guidelines.
The main legal point established in the judgment is that transfer orders made in public interest and for administrative reasons, with proper justification and grounds provided by the authorities, sho....
The administrative prerogative power of transfer and the limited scope of court interference in transfer orders made in public interest and for administrative reasons.
The court ruled that transfer orders must be justified and not arbitrary, especially when they impact an employee's career advancement.
A CRPF personnel's eligibility for transfer and relaxation of transfer conditions on medical grounds are determined by the Standing Order, and completion of prescribed tenures justifies transfer orde....
The main legal point established in the judgment is that transfer orders must be in compliance with the relevant Standing Orders, and in cases of medical grounds, the authorities must consider the pe....
A government servant holding a transferable post has no vested right to remain posted at one place and is liable to be transferred from one place to another, and the court should not interfere with a....
Entitlement to terminal posting requested under BSF rules must be resolved expeditiously by the authorities, reinforcing the principle of timely administrative response.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
